COLORADO BIATHLON CLUB
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I" or "me") desires to participate for the 2023-2024 year-long season in the Activity (as defined below) sponsored by Colorado Biathlon Club, a Colorado non-profit corporation (the "Organization"). In consideration of being permitted by the Organization to participate in the Activity and in recognition of the Organization's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release"). This Release shall cover all my participation in each Activity sponsored by the organization during the 2023-2024 year-long season (November 1, 2023- October 31, 2024).
I understand that participating in the sport of biathlon, skiing, racing, competing, running, rifle shooting, roller skiing, ski simulation, bicycling (including but not limited to mountain biking and cycling), training, renting equipment, defective equipment, parking lots, walkways, stairs, escalators, lodges, and other facilities associated therewith for any purpose (the “Activity”) can be HAZARDOUS AND INVOLVE RISK OF SERIOUS PHYSICAL INJURY AND/OR DEATH. I expressly acknowledge and assume all additional risks and dangers that may result in property damage, physical injury and/or death that may occur as a result of participating in the Activity including but not limited to falling or loss of balance, icy, slick or uneven conditions, collisions with natural or man-made objects or people (including but not limited to other athletes, volunteers, spectators, and officials), over-snow vehicles, bumps, ruts, bare spots, thin cover, tree wells, stumps, roots and branches, downed timber, rocks, streams, creeks, holes, debris, falling snow, ice, or other inclement winter conditions, poor visibility, unmarked obstacles, high speed descents, difficulty or inability to control my speed and direction, rapid or uncontrolled acceleration on hills and inclines, my health condition, physical exertion, exhaustion, dehydration, hypothermia, frostbite, or failure of myself or other participant to act safely. I UNDERSTAND THAT THE DESCRIPTION OF RISKS IN THIS AGREEMENT IS NOT COMPLETE AND I VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, OR OTHERWISE.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE ORGANIZATION, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE ORGANIZATION. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE ORGANIZATION OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Organization, and its officers, directors, volunteers, employees, agents, affiliates, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Organization or any Releasees or otherwise. I covenant not to make or bring any such claim against the Organization or any other Releasee, and forever release and discharge the Organization and all other Releasees from liability under such claims. This waiver and release does not extend to any other liabilities that Colorado law does not permit to be released by agreement.
I shall defend, indemnify, and hold harmless the Organization and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Organization or any other Releasees in a final judgment arising out or resulting from any claim of a third party related to my participation in the Activity.
I represent that by participating in the Activity I am in good health and there are no special problems associated with my physical or mental condition. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Organization from any claim based on such treatment or other medical services.
I further acknowledge that by participating in the Activity, I will, at all times, abide by the rules and regulations of adopted by the Organization and the United States Biathlon Association, International Biathlon Union, and any other rules or regulations imposed by organizers, as they may be amended from time to time (collectively the “Competitive Rules”). I acknowledge and agree that my ability to participate in the Activity may be revoked or suspended for violation of the Competitive Rules, in the Organization’s sole discretion.
I agree that prior to participating in the Activity, I will inspect the racecourse, facilities, and equipment (including but not limited to any rifles that I handle), and areas to be used during the Activity. If I believe my participation in the Activity would be unsafe or cause an unsafe condition, I will immediately notify the Organization’s supervisors at the Activity and I will not participate in the Activity unless and until unsafe condition is resolved.
I understand that this Agreement will apply for each and every day I engage in any Activity during the applicable season defined herein. I understand that this Release is a contract, and to the fullest extent permitted by law, shall be binding on me as well as assignees, subrogors, distributors, heirs, next of kind, executors, and personal representatives.
This Release constitutes the sole and entire agreement of the Organization and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Organization and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Boulder County, Colorado, and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE ORGANIZATION.